11,309 result(s)
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9,776.
Harry D. Shields Ltd. v. Canada - 2000-11-23
Federal Court DecisionsThe affidavit evidence and documents that are before me do not allow me to make the finding of fact which would be necessary in order to deal with the triable issues listed in paragraph 22 of this decision. [...] For example, what did the Minister tell the plaintiff about being "treated fairly"?
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9,777.
Pearson v. Canada - 2000-09-14
Federal Court DecisionsThe best mode of doing this is to examine with care the manner in which the law of England deals with the following topics, which are dealt with in succeeding chapters, namely, ... [...] The newspaper recently reported an incident wherein a lawyer of British Columbia "completes bike trek to aid poor... protests failure of legal system to provide fair access".
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9,778.
Riabko v. Canada - 1999-08-24
Federal Court Decisions(d) may prejudice or delay the fair trial of the action, (e) constitutes a departure from a previous pleading, or [...] [32] In reviewing the sections of the RCMP Act, R.S.C., 1985, c. R-10, I am satisfied Parliament created a statutory process to deal with formal complaints.
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9,779.
Asanjan v. Canada (Minister of Citizenship and Immigration) - 1998-11-02
Federal Court Decisions[5] The applicant opened his own car parts business and carried on in the tradition of his father, which included favourable dealings with the Kurds. [...] Where the tribunals' inferences are based on what seemed to be "common sense" or rational perceptions about how a government regime in another country might be expected to act or react in a given set of circumstances, there is an obligation, out of fairness, to provide an opportunity for the applicant to address those
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9,780.
Canada v. Munro - 1998-07-03
Federal Court of Appeal Decisions[...] j) l'attribution et la réglementation des frais et dépens tant en ce qui concerne Sa Majesté du chef du Canada que les parties, et le refus d'octroyer les dépens à un appelant qui, dans les circonstances où l'appelant pouvait faire le choix visé à l'article 18, n'a pas fait un tel choix. [...] Even if that decision were relevant in the case at bar, which is doubtful, it would be of little assistance for it deals with the practice in the courts of British Columbia which, in many regards, is different from that in the Tax Court.
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9,781.
Hirbod v. Canada (Minister of Citizenship and Immigration) - 1998-04-06
Federal Court DecisionsThis finding is based on two grounds: (1) legislative provisions are presumed not to operate retroactively unless expressly stated to do so; and (2) the principle of fairness requires that a person's application should be assessed by reference to the law in existence at the time the submissions are made, since it is on the [...] . . . . [15] Counsel for the applicant notes that Mr. Justice Rothstein was dealing with a situation that clearly came within the amended Regulations: no risk submissions had yet been filed.
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9,782.
Zaman v. Canada (Citizenship and Immigration) - 2022 FC 1381 - 2022-10-06
Federal Court DecisionsThe PA’s husband reached out to friends who were to able to assist in negotiating a deal with the Colonel. [...] E. Procedural Fairness [34] The Applicants alleged in their appeal to the RAD that the RPD violated procedural fairness in finding that the extremist party threatening the Applicants does not generally conduct attacks in Pakistan and is not anti-Shia; they submit that they were not given notice of the tribunal’s concerns [...] [82] Concerning the support letters and affidavits, the Respondent submits these documents did not address the specific credibility issues raised with the PA’s material omission of her husband’s travel to Canada and the U.S. And, with respect, it is fairly obvious that they don’t.
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9,783.
Mirzaee v. Canada (Citizenship and Immigration) - 2020 FC 972 - 2020-10-16
Federal Court DecisionsThe reviewing court must adopt a deferential approach and intervene only “where it is truly necessary to do so in order to safeguard the legality, rationality and fairness of the administrative process” (Vavilov at para 13). [...] They do not require that all documents and allegations be accepted at face value, but they are rather designed to ensure a fair hearing (Odurukwe v Canada (Citizenship and Immigration), 2015 FC 613 at para 40). [...] They merely dictate the attitude and open‑mindedness that the RPD must demonstrate when dealing with certain allegations of persecution (Duversin at para 30).
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9,784.
Cyr v. M.N.R. - 2017 TCC 25 - 2017-02-13
Tax Court of Canada JudgmentsIn practice, one looks for a number of indicia of supervision that may, however, vary depending on the context: compulsory attendance at a workplace, the fairly regular assignment of work, imposition of rules of conduct or behaviour, requirement of activity reports, control over the quantity or quality of the work done, [...] (d) Among the matters to be considered are compulsory attendance at a workplace, the fairly regular assignment of work, imposition of rules of conduct, responsibility for management, requirement of activity reports, control over the quantity or quality of the work done, the ability to hire helpers, ownership of tools, the [...] (p) the Workers and the Appellant were dealing with each other at arm’s length;
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9,785.
Larkman v. Canada (Attorney General) - 2014 FCA 299 - 2014-12-16
Federal Court of Appeal Decisions10 "Enfranchisement" is a euphemism for one of the most oppressive policies adopted by the Canadian government in its history of dealings with Aboriginal peoples: Report of the Royal Commission on Aboriginal Peoples: Looking Forward, Looking Backward, vol. 1 (Ottawa: Canada Communication Group Publishing, 1996) at page 271. [...] April 17, 1985, Ms. Larkman (then 13 years old) was “entitled” to be added to the Register because, in law or in equity, the enfranchisement of her grandmother cannot be recognized; or, alternatively, the circumstances are such that the legal effects of her grandmother’s enfranchisement cannot be fairly applied to her. [...] • Section 12 of the Interpretation Act, R.S.C. 1985, c. I-21 requires us to give paragraph 6(1)(a) “such fair, large and liberal construction and interpretation as best ensures the attainment of its objects.”
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9,786.
Gitxaala Nation v. Canada (Transport, Infrastructure and Communities) - 2012 FC 1336 - 2012-11-19
Federal Court Decisions[13] Mr. Hill’s affidavit also contains a fairly detailed critique of the TRP report. [...] There is no separate or parallel process to deal with issues within the JRP mandate. [...] There is nothing before me to suggest that the JRP will not listen fairly to Gitxaala’s concerns, weigh all of the available evidence and come to its own conclusions.
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9,787.
Azziz v. Canada (Citizenship and Immigration) - 2010 FC 663 - 2010-06-17
Federal Court DecisionsMoreover, there is no apprehension of bias or breach of any principle of procedural fairness. [...] The questions of procedural fairness or bias are subject to the standard of correctness. [...] [52] The applicants place a great deal of emphasis on departmental policies to justify their arguments that the final decision is unreasonable or otherwise breaches procedural fairness.
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9,788.
Canada (Attorney General) v. Brown - 2008 FC 734 - 2008-06-13
Federal Court Decisions3) Did the Tribunal breach the principles of procedural fairness and natural justice by making remedial orders contrary to its decision to bifurcate the issues of liability and remedy? [...] 3) Did the Tribunal breach the principles of procedural fairness and natural justice by making remedial orders contrary to its decision to bifurcate the issues of liability and remedy? [...] [62] The Commission adopts the position that there was no breach of procedural fairness, as the Tribunal did not make a final pronouncement on remedy.
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9,789.
Canada (Attorney General) v. Envoy Relocation Services - 2007 FCA 176 - 2007-05-03
Federal Court of Appeal DecisionsIn my opinion, therefore, there is nothing in the nature of the decision-making context to exclude the normal requirement of the common law that those to whom the duty of fairness applies must avoid conduct that gives rise to a reasonable apprehension of bias. [...] [55] In my view, this reasoning is as applicable to the issue under consideration namely, the appropriate interpretation of the term compensation, as it was in relation to the application of the common law duty of fairness in Cougar Aviation. [...] In that case, the Court held that even though the particular government department, in the course of a tendering process, had breached its duty to treat all bidders fairly, the unsuccessful bidder, Martel, was not entitled to damages.
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9,790.
Merck Frosst Canada Ltd. v. Canada (Health) - 2006 FC 1200 - 2006-10-12
Federal Court DecisionsHowever, if the federal institution intends to disclose any or all of the documentation, the Act and the principles of procedural fairness require that the Applicant be notified and given the opportunity to make representations. [...] [89] That is one of the arguments made by the Applicant to support its submissions regarding the application of subsection 20(1) in response to the following question, which deals with the accuracy of the Respondent’s submissions regarding the application of subsection 20(1) to the documentation covered by the request. [...] [91] To summarize, the purpose of such a process is to impose on the Respondent a duty to consult the Applicant following a fairly brief review of the documentation, to consider the Applicant’s recommendations and, if he decides not to follow those recommendations, to explain why.
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9,791.
Markevich v. R. - 1999-02-19
Federal Court Decisions224(1) S"il sait ou soupçonne qu"une personne est ou sera, dans les douze mois, tenue de faire un paiement à un autre personne qui, elle-même, est tenue de faire un paiement en vertu de la présente loi (appelée "débiteur fiscal" au présent paragraphe et aux paragraphes (1.1) et (3)), le ministre peut exiger par écrit de [...] In other words, the statute is a complete code and is not subject to limitation periods prescribed in general legislation dealing with proceedings to which the Crown is a party, or to civil litigation as a whole. [...] Third, to regard the respondent's ability to collect tax as subject to the Crown Liability and Proceedings Act for this reason alone would give insufficient weight to the difficulties that importing general limitation periods would cause to the fair and effective collection of tax arrears.
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9,792.
Csak v. The King - 2024 TCC 9 - 2024-01-18
Tax Court of Canada Judgmentsd) The fair market value of the Property as at [January 8, 1993] was $1,200,000; [...] (c) a person with whom the person was not dealing at arm’s length, the following rules apply: [...] (i) the amount, if any, by which the fair market value of the property at the time it was transferred exceeds the fair market value at that time of the consideration given for the property, and
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9,793.
Husky Energy Inc. v. The King - 2023 TCC 167 - 2023-12-13
Tax Court of Canada JudgmentsIs that a fair statement? A. It’s a fair statement on the basis that we were always trying to reduce taxes. [...] Is that a fair statement? A. There still would have been tax payable. [...] Is that a fair statement? A. It’s a fair statement on the basis that we were always trying to reduce taxes.
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9,794.
Alliance nationale de l’industrie musicale v. Canadian Radio-television and Telecommunications Commission - 2021 FC 942 - 2021-09-14
Federal Court DecisionsThe Notice of Application clearly challenges the fairness of the decision, even though it does not seek to have it set aside. [...] [67] In my opinion, the determination of the Charter issue is fairly simple. [...] (b) failed to observe a principle of natural justice, procedural fairness or other procedure that it was required by law to observe;
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9,795.
Taykwa Tagamou First Nation v. Linklater - 2020 FC 220 - 2020-02-07
Federal Court Decisions[27] Section 19 deals with the Election Review Panel: 19.1 An Election Review Panel shall be comprised of three Persons, at least two of whom are Aboriginal and one of whom is a lawyer, who are not members of TTN. [...] Standard of review - procedural fairness [41] In Mission Institution v Khela, 2014 SCC 24 (at para 79) and in Canada (Citizenship and Immigration) v Khosa, 2009 SCC 12 (at para 43) the Supreme Court found that that questions of procedural fairness are reviewed on a correctness standard. [...] In Vavilov, the Court does not explicitly state whether questions of procedural fairness will continue to be reviewed on a correctness standard.
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9,796.
Lainco Inc. v. Commission scolaire des Bois-Francs - 2017 FC 825 - 2017-09-12
Federal Court Decisions[261] For Mr. David, this choice allowed for a [translation] “fair comparison” (Exhibit D‑5, David Report, page 9, at paragraph 37). [...] I note, however, that neither the excerpt from Compo to which counsel for Lainco refers nor the judgment itself deals with damages. [...] You see, to estimate that, I took the same mock-up and I changed the snow loads, and it was still fairly quick.
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9,797.
A.L.D. Enterprises Inc. v. M.N.R. - 2007 TCC 71 - 2007-02-16
Tax Court of Canada JudgmentsThe Respondent purported to deal with the Appellant's appeal of a ruling on whether CPP contributions were payable, even though there was no such ruling and the Appellant had not filed any such appeal. [...] In the course of carrying out his duties, he did not deal with customers directly in terms of presenting invoices or collecting payments. [...] For these reasons, it was important that the workers obtain a fairly detailed medical history prior to providing a massage.
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9,798.
Merck & Co Inc. v. Apotex Inc. - 2010 FC 1265 - 2010-12-22
Federal Court DecisionsQ. The non sporulating character became intrinsic to Coniothyrium fuckelii as a result of that program, is that fair? [...] The balance of s. 43 sets out the procedures for declaring and dealing with a conflict. [...] Accordingly, Merck argues, these volumes should not be the subject of any “fair dealing” exemption.
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9,799.
Georgeson Shareholder Communication Canada Inc. v. The Queen - 2019 TCC 148 - 2019-09-04
Tax Court of Canada Judgments2. Such other and further relief as is fair and equitable under the circumstances. [...] [76] The situation in the present case is similar to the one that the FCA had to deal with in Gary Bowl. [...] There will be no genuine issue requiring a trial when the judge is able to reach a fair and just determination on the merits on a motion for summary judgment.
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9,800.
Novopharm Ltd. v. Eli Lilly Canada Inc. - 2008 FCA 287 - 2008-09-29
Federal Court of Appeal DecisionsUnless the party producing the affidavit intends to rely on a document at trial, it is not obliged to disclose it unless "it is reasonable to suppose" that the document would undermine its own case, advance its opponent's, or would "fairly lead him to a train of inquiry, which may have either of these two consequences". [...] 18. ... Unless the party producing the affidavit intends to rely on a document at trial, it is not obliged to disclose it unless "it is reasonable to suppose" that the document would undermine its own case, advance its opponent's, or would "fairly lead him to a train of inquiry, which may have either of these two [...] [67] I will deal firstly with the submission found at paragraph 88 of Novopharm’s Memorandum.